CAA's Tom Condon's Was Sued For Violation of NFLPA Regulation Section 3 (B) 3 In 2003

Yesterday, I reported that CAA's Football Agent Tom Condon, formerly of IMG, may have violated several sections of the National Football League Player's Association (NFLPA) regulations guiding agent conduct in the matter of USC Quaterback Matt Leinart.

Today, I uncovered this recent report by Liz Mullen of The Sports Business Journal, written September of 2003. It, combined with the more recent allegations involving Leinart, suggest player contact practices that should be reviewed by the NFLPA.

Mullen's report applies to NFLPA Regulation Section 3 (B) 3 -- Providing or offering money or any other thing of value to a member of the player's or prospective player's family or any other person for the purpose of inducing or encouraging that person to recommend the services of the Contract Advisor; Providing materially false or misleading information to any player or prospective player in the context of recruiting the player as a client or in the course of representing that player.

LAWSUIT TARGETS IMG FOOTBALL CHIEF CONDON

September 8, 2003
SportsBusiness Journal

By Liz Mullen

IMG Football President Tom Condon falsely told top NFL draft prospects that a rival agent "played the race card" in negotiations with NFL clubs in an effort to damage the agent and win recruiting battles, according to claims in a lawsuit filed in Philadelphia federal court.

NFL player agent Lamont Smith, who is black, claims in the suit that Condon, who is white, and Cleveland-based IMG slandered him in their efforts to win recruiting battles.

An IMG spokeswoman and an attorney for IMG both declined to comment. Condon did not return phone calls.

"It is a defamation of character, slander lawsuit stemming from a systematic pattern that Tom Condon has engaged in against me personally, and our firm," said Smith, a principal of All Pro Sports & Entertainment, which represents about 60 NFL players, including Eddie George, Jerome Bettis and retired running back Barry Sanders.

"He has basically stated to kids, repeatedly, that general managers have been reluctant to deal with me because of the interjection of race in negotiations, which is patently false," Smith said. "The apparent intent is to blackball. It leads a player to think you are not accepted in NFL circles, which could not be further from the truth."

The lawsuit claims that in the last three years, Condon told players Antonio Bryant, Kenyatta Walker and Larry Johnson, and/or their advisers, that Smith was known to use race in contract negotiations. The suit says the comments were made while Condon and Smith were competing to sign players before the 2001, 2002 and 2003 NFL drafts.

"Condon may have told other current and prospective NFL players... that they should not become clients of plaintiff Smith because Smith had alienated general managers of NFL clubs by 'playing the race card,' " the suit states.

The suit against Condon, who leads a practice that represents about 85 NFL players and who is widely considered to be the most powerful football agent in the country, is just the latest in a slew of lawsuits filed against or by major NFL player agents.

Octagon's football division was sued by three agents in the last two years, although one of those suits was dismissed for lack of evidence. Agent Hadley Engelhard has filed suit against his top recruiter, asking a court to enjoin the recruiter from working with his clients who were first-round NFL draft picks.

Last fall, NFL player agent Leigh Steinberg won a $44.66 million judgment against his former protégé, agent David Dunn, and his rival firm when a jury found that Dunn engaged in unfair competition.

George Croner, Smith's attorney, said the lawsuit could have a chilling effect on what is considered to be a widespread practice by agents of making negative comments about their rivals while recruiting athletes.

Croner said Condon's comments go far beyond standard competition.

"If you tell a kid that another agent has a problem with general managers... and if you embellish on it by saying the reason they don't like him is this highly inflammatory issue of playing the race card with general managers who are almost invariably white, you have created an explosive situation," he said.

Croner added that the result of the case "will not be found in documents. It will be found in the testimony of witnesses."

Roy Kessel, chairman of the Chicago Bar Association's Sports Law Committee and a certified NFL player agent, said Smith's case against Condon may be difficult to prove because Smith does not represent all the players named in the suit. Smith represents Bryant. Condon represents Walker. Agent Marvin Demoff represents Johnson.

"If you don't have the player, you will be hard-pressed for them to testify," Kessel said.

But Greg Genske, an attorney with San Francisco law firm Morgan Lewis who was part of the litigation team that won the $44.66 million judgment in the Steinberg case, noted that NFL players can be subpoenaed.

"I think it's easy to get to the truth with the players because at the end of the day they are not going to lie to protect an agent," said Genske, who cross-examined several NFL players during the Steinberg trial. "I don't think they would lie to protect Mr. Condon or lie to support trumped-up, fabricated allegations against Mr. Condon."

Again, the ball's in the court of the NFLPA.